From 2021, what are the cases where employees in Vietnam are entitled to take paid days off? This is a question that Lawnet has recently received quite a lot from clients and members. Thus, Lawnet would like to answer this issue in the article below.
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From 2021, what are the cases where employees in Vietnam are entitled to take paid days off? (Internet image)
The Labor Code 2019 was passed by the National Assembly on November 20, 2019 and officially takes effect from January 1, 2021. Thus, this Code stipulates that on the following days, employees in Vietnam will be entitled to paid days off:
1. Annual leave
According to the provisions of Clause 1, Article 113 of the Labor Code 2019, any employee who has been working for an employer for 12 months is entitled to fully-paid annual leave, which is stipulated in his/her employment contract as follows:
- 12 working days for employees who work in normal working conditions;
- 14 working days for employees that are minors, the disabled, employees who do laborious, toxic or dangerous works;
- 16 working days for employees who do highly laborious, toxic or dangerous works.
Note: The annual leave of an employee as prescribed above shall increase by 01 day for every 05 years of employment with the same employer.
An employee who has been working for an employer for less than 12 months will have a number of paid leave days proportional to the number of working months.
2. Public holidays
According to the provisions of Clause 1, Article 112 of the Labor Code 2019, from January 1, 2021, employees shall be entitled to fully paid days off on the following public holidays:
- Gregorian Calendar New Year Holiday: 01 day (the 1st of January of the Gregorian calendar);
- Lunar New Year Holidays: 05 days;
- Victory Day: 01 day (the 30th of April of the Gregorian calendar);
- International Labor Day: 01 day (the 1st of May of the Gregorian calendar);
- National Day: 02 days (the 2nd of September of the Gregorian calendar and the previous or next day);
- Hung Kings Commemoration Day: 01 day (the 10th of the third month of the Lunar calendar).
Note: Foreign employees in Vietnam are entitled to 01 traditional public holiday and 01 National Day of their country, in addition to the public holidays stipulated above.
Every year, based on actual conditions, the Prime Minister shall decide the specific public holidays on an annual basis.
3. Personal leave
According to the provisions of Clause 1, Article 115 of the Labor Code 2019, an employee is entitled to take a fully paid personal leave in the following circumstances, as long as it is notified to the employer in advance:
- Marriage: 03 days;
- Marriage of his/her biological child or adopted child: 01 day;
- Death of his/her biological or adoptive parent; death of his/her spouse’s biological or adoptive parent; death of spouse, biological or adopted child: 03 days.
Nguyen Trinh
